Federal Administrative Court - Decision 10 C 51.07

Asylum; refugee status; Qualification Directive; act of persecution; reason for persecution; severe violation of human rights; freedom of religion; religious subsistence level; religious activity in public; physical freedom; alternative refuge in cases of emigration; conditions created by individual after leaving country of origin.

Headnote:
1. Even under Directive 2004/83/EC, not every restriction of religious freedom results in persecution within the meaning of asylum law. Whether a measure is tied to religion as a reason for persecution proceeds from Article 10 of the Directive; but what right is protected, and to what extent, proceeds from Article 9 of the Directive.

 2. Interference in the core area of religious freedom represents a severe violation of a basic human right within the meaning of Article 9 (1) of the Directive. Whether, and under what conditions, religious activity in public is also included here, is a matter of uncertainty under Community law that must ultimately be clarified by the European Court of Justice.

 Decision of the 10th Division Division of 5 March 2009 Federal Administrative Court 10 C 51.07 (German Version)